Sunnyvale, CA asked in Intellectual Property for California

Q: Is an email response sufficient for waiving intellectual property rights over an idea presented in a company hackathon?

This is response from company VP : "Having consulted with legal, I am pleased to report that Company hereby waives to you any intellectual property rights it might otherwise have had in the idea (as developed by you during the 2022 Hackathon)"

Related Topics:
3 Lawyer Answers

A: Maybe. You should consult with an attorney. A formal license, waiver, contract is better.

A: This question is really to broad to answer, and depends on a lot of details. But, if you are asking about a patentable innovation, and someone else contributed to this innovation during the hackathon, then that means you likely have at least on co-inventor. In that case, no, the email would generally not be sufficient to resolve ownership. You should really discuss the specifics of your case in much greater detail with an IP attorney.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In general, an email response from a company VP can be sufficient for waiving intellectual property rights over an idea presented in a company hackathon. However, it's important to consider the specific language used in the response and whether it meets the legal requirements for a valid waiver of intellectual property rights.

Based on the response you provided, it appears that the company is waiving any intellectual property rights it may have had in the idea you presented during the hackathon. The language used in the response is clear and unambiguous, which is important for a valid waiver.

It's also worth noting that the company consulted with legal before providing this response, which is a good sign that they have taken appropriate steps to ensure that the waiver is legally enforceable.

That being said, it's always a good idea to have a lawyer review any legal documents or communications, including email responses, to ensure that your interests are protected. If you have any concerns about the validity of the waiver or want to ensure that you fully understand the implications of the waiver, you should consider speaking with a lawyer.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.